Owasso+Independent+School+Dist.+v.+Falvo

** Owasso Independent School District v. Falvo ** ** United States Supreme Court ** ** Argued: November 27, 2001 ** ** Decided February 19, 2002 ** ** Background: ** This court case involves the actions of peer grading where teachers ask the students to exchange graded exercises such as tests, papers or assignments with other students in the class. After exchanging these graded exercises, the teacher explains the correct answers to the students and the students proceed to grade their peer’s paper. After grading the assignments, students would then give the exercises to the original owner who would then either call out their grade when their name was called or tell the teacher privately. Kristja J. Falvo, a parent of three minor children enrolled in the Owasso Independent School District, argued that peer grading violates the Family Educational Rights and Privacy Act of 1974 (FERPA) and that it also embarrassed her children.
 * Posted By: Mary Bryson, Whitney Harris, and Tiffany Thompson **

** Decision/Rationale: ** According to FERPA, information that may be sensitive about the students cannot be released without the consent of the parent. Schools and educational facilities that receive federal funds and do not comply with the conditions under FERPA must be withheld from the school funding. “Education records” is defined within the Act as “records, files, documents, and other materials” that contains material related to the students which “are maintained by an educational agency or institution or by a person acting for such agency or institution.” It is for the court to decide if graded exercises involved in peer grading are applied in the term “education records.” The Court decided that the graded exercises were not records “maintained by an educational agency or institution or by a person acting for such agency or institution” and is therefore not included in the “education records” and does not violate FERPA.

** Impact on Teaching: ** No rights were violated under the Family Educational Rights and Privacy Act of 1974 but, teachers should still be aware of a student’s sensitivity to items being graded by their peers, within the classroom. Although it could make some students uncomfortable, peer grading can still be a useful resource for teachers to implement, in their classrooms. It allows the students to become involved in the class and helps the students to develop responsibility. After an item has been graded, a teacher should give the students the option to announce their grade aloud or tell the teacher privately.

**Applicable Quiz Question:** Fill in the Blank: FERPA stands for _____________?